Terms of Use

Last Modified: December 6, 2013

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms of Use and the Privacy Policy contain important information about your use of this website (the “Site”). By using the Site, you signify your acceptance of these Terms of Use and the Privacy Policy. If you do not agree to all of these Terms of Use, and the Privacy Policy, please do not use this Site.

McKee Foods may revise these Terms of Use at any time without prior individual notice. Your continued use of this Site will mean that you accept those changes, and that you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties.

Use Restrictions

The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from McKee Foods’ licensors, and other materials (“Contents”) are the intellectual property of McKee Foods or its affiliates, or of third parties who authorized use of such intellectual property on this Site. Such Contents are protected by trademark or copyright law, as applicable, under both United States and foreign laws. Title to the Contents remains with McKee Foods or their applicable owners.

Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, translated, compiled, or used to prepare derivative works in any form or by any means without the prior written permission of McKee Foods or its licensors. McKee Foods authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you retain all copyright and proprietary rights notices in the Contents. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to McKee Foods and its licensors.

You may not, without McKee Foods’ written permission, “mirror” any Contents contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. McKee Foods reserves the right, in its sole discretion, to terminate access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without notice.

User Submissions

The personal information you submit when you visit this Site is governed by the Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), McKee Foods does not claim ownership of any information or material a user provides to McKee Foods or posts, uploads, input, submits, or transmits to this Site (“Submission”).

You agree that you will not make any Submission that is, in whole or in part: libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) post a chain letter or pyramid scheme; (c) impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) transmit the same Submission more than once or engage in “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of McKee Foods, exposes McKee Foods or any of its affiliates, licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is nonconfidential, nonproprietary, and may be disseminated or used by McKee Foods. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—McKee Foods a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, publicly perform, and publicly display the Submission in any media, or any form, format, or forum now known or hereafter developed. You also waive all moral rights in and to the Submission in favor of McKee Foods. You represent and warrant that: (a) you own or otherwise control all the rights to the Submission; (b) the Submission’s content is accurate; (c) use of the Submission will not cause injury to any person or entity; and (d) you will indemnify McKee Foods for all claims resulting from the Submission. Notwithstanding the foregoing, McKee Foods is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submission. McKee Foods is not responsible for any content in Submissions or the consequences of any Submission. McKee Foods is not responsible for pre-screening, monitoring or editing Submissions. However, McKee Foods reserves the right to remove Submissions at any time. For example, if notified by a user of a Submission allegedly in violation of these Terms of Use, McKee Foods may investigate the allegation and determine in its sole discretion whether to remove such Submission and take other action deemed appropriate, including terminating a user’s access to any or all parts of the Site, or cancelling his/her account. McKee Foods also reserves the right to monitor, edit, disclose, or delete any Submission, regardless of whether such Submission violates these Terms of Use. McKee Foods will have no liability or responsibility to users for performance or nonperformance of such activities .

Submission of Ideas

McKee Foods’ policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to McKee Foods through this Site or otherwise shall be the property of McKee Foods and may be treated by McKee Foods as nonconfidential information. McKee Foods shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

Promotions

All offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

Liability of McKee Foods

The use of the Site or the Contents is at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. McKee Foods may make changes or improvements at any time.

THE CONTENTS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCKEE FOODS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MCKEE FOODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCKEE FOODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MCKEE FOODS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

YOU AGREE TO RELEASE MCKEE FOODS, ITS AGENTS, AFFILLIATES, PARENT AND SUBSIDIARY COMPANIES, PARTNERS, CONTRACTORS, UNAFFILIATED THIRD PARTIES, AND ALL OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS THAT RESULT OR ARISE FROM ANY USE OR INABILITY TO USE THE SITE OR ITS CONTENTS, OR THAT RESULT OR ARISE FROM ANY ACT OR OMISSION BY THE RELEASEES IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

Your Account

If you maintain an account on this Site, you are responsible for maintaining the confidentiality of the account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

General

McKee Foods makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents by certain persons in certain countries may not be legal. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of McKee Foods, Use Restrictions, User Submissions, Submission of Ideas, Applicable Laws, and Complete Agreement.

Applicable Laws

These Terms of Use are governed by the laws of Tennessee, United States of America, without regard to any conflict-of-laws provisions. You and McKee Foods hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Hamilton County, Tennessee, for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, (1) the validity and enforceability of the remainder of these Terms of Use shall not be affected; (2) such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law; and (3) such provision shall be valid, enforceable and enforced in its modified form. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Take Down Procedures

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting McKee Foods (address identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the Submission that you believe to be infringing and its location. Please describe the Submission and provide us with its URL or any other pertinent information that will allow us to locate the Submission.

In an effort to protect the rights of copyright owners, McKee Foods maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of McKee Foods on this Site, these Terms of Use, and Privacy Policy, constitute the entire agreement between you and McKee Foods with respect to the use of the Site and Contents.